2329ORDINANCE NO. 2329
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AUTHORIZING THE SALE OF THE BLAIR PUBLIC LIBRARY
ON LOTS 9-15, BLOCK 57, CITY OF BLAIR, WASHINGTON COUNTY,
NEBRASKA, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON
COUNTY, NEBRASKA; SOLD COLLECTIVELY FOR THE SUM OF THREE
HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00); PROVIDING FOR
NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE
WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE;
AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH
THE BUYER, VCC PROPERTIES, LLC, AND TO MAKE ALL NOTIFICATIONS
REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING NOTIFICATION OF
THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND
PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT
FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND
ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute
and deliver a Purchase Agreement by and between the City of Blair, Nebraska, and VCC
Properties, LLC, whereby the City agrees to sell the real estate described hereinabove for
the sum of three hundred fifty thousand ($350,000.00) and pursuant to the terms and
provisions of the Purchase Agreements attached hereto and marked Exhibit "A".
SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby
authorized and directed to make all notifications required under Neb. Rev. Stat. § 16-202,
et.seq., including but not limited to notice of the sale and the terms thereof, and, after the
required remonstrance period has lapsed and City has not received a remonstrance against
such sale signed by registered voters of the City equal in number to Thirty Percent (30%)
of the registered voters of the voters voting at the last regular municipal election held
therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all
documents, deeds or other instruments necessary to effectuate such conveyance of real
estate.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 4. This ordinance shall be in full force and effect from and following
the passage and publication hereof as required by law.
Passed and approved this 14th day of February, 2017.
CITY OF BLAIR, NEBRASKA
(�-� a�-� � 4 "1
JAKk E. REALPH, MAYO
ATTEST:
&4'LA L'�.
hJ��
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
COUNTY OF WASHINGTON )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing
Ordinance was duly passed and approved at a regular meeting of the Mayor and City
Council of said City held on the 14th day of February, 2017.
&4.� e- t'j (4"� -
BRENDA R. WHEELER, CITY CLERK
PURCHASE AGREEMENT— REAL ESTATE
A(Ao-\
Fatmuar-y , 2017
This Purchase Agreement made and entered into by and between City of Blair, Nebraska
hereinafter referred to as "Seller", and the VCC Properties, LLC, hereinafter referred to as
"Buyer".
Now, therefore, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the parties hereby agree as follows:
1. Sale. The Seller hereby agrees to sell, and the Buyer hereby agrees to purchase, at the
price and on the terms hereinafter set forth, the following described property, including but limited
to all fixtures, improvements, structures, buildings, etc., located thereon and legally described as
follows:
(a) Legal Description of Real Estate
Lots 9-15 Block 57, City of Blair, Washington County, Nebraska.
2. Purchase Price and Terms of Payment. The purchase price for the aforesaid real and
personal property being purchased by the Buyer is in the sum of an amount equal to the sum of
three hundred fifty thousand ($350,000.00) by cashier's check or other certified funds. A $25,000
down payment of cash or certified funds is required upon execution of this agreement, which shall
be credited toward the purchase price at closing.
3. Closing Date. The closing date for the transaction shall be on or before May 12, 2017.
Closing shall occur at the office of the City Clerk for the City of Blair, Nebraska.
4. Title Insurance. Title insurance shall be used in the conveyance in lieu of an abstract
of title. Seller shall provide Buyer with a commitment for title insurance, showing good and
marketable title in Seller, and the policy of title insurance shall be issued by said title insurance
company on its standard form, with such printed exceptions as appear on the form and any further
exceptions and encumbrances as are acceptable to Buyer. Written notice of any such defects,
including any easements, restrictions or other matters affecting title to the property contained in
the updated commitment that is unacceptable to Buyer or its counsel shall be delivered to Sellers
within Fourteen (14) days of receipt of the commitment of title insurance. Seller has no obligation
to cure any defects. If Seller is unable or unwilling to cure such defects to the reasonable
satisfaction of Buyer within a reasonable time thereafter, and if said defects are not so cured within
a reasonable amount of time, then either party may terminate this Agreement. Buyer agrees to pay
the total cost of the title insurance premium.
5. Warranty Deed. Upon payment by the Buyer to Seller of the purchase price of the real
estate purchased, Seller shall cause to be conveyed to Buyer marketable fee simple title in and to
said real estate described hereinabove, b), proper Warranty Deed, subject to the following:
(a) General Real Estate Taxes. Real estate taxes due and payable
as provided in Paragraph 6 of this Purchase Agreement.
6. General Real Estate Taxes. Real estate taxes for 2016 and all prior years shall be paid
by Seller. Real estate taxes for 2017 shall be prorated to the date of possession. (Basis for the
proration shall be the most recent real estate tax statement.) The Buyers shall pay all general real
estate taxes from the closing date, and all subsequent taxes. The Seller shall pay all real estate
taxes, if any, owing for prior calendar years.
7. Possession. Seller's tenant shall have exclusive possession of the property until date of
closing. Any risk of loss to the property shall be borne by Seller's tenant until title has been
conveyed to Buyer. In the event prior to closing the structures on said real estate are materially
damaged by fire, explosion or any other cause, Buyer shall have the right to rescind this
Agreement.
Buyer shall assume all risk of loss from and after date of closing.
8. Specific Performance. It is understood and agreed that both parties retain their right to
bring action for a specific performance of the terms of this Agreement in the event the other party
is in default in carrying out their obligations under this Agreement.
9. Time is of the Essence. Time shall be of the essence in this Agreement for all times
(dates) specified hereinabove both before and after the closing date.
10. Conveyance of Title. It is understood and agreed that this Agreement shall in no
manner be construed to convey title to said property or to give any right to take possession thereof.
11. Other Terms of Agreement.
(a) Seller shall pay all documentary stamps as a result of the sale, if any
(b) This Agreement contains the entire understanding among the parties
and supercedes any prior understanding among the parties and
agreements between them respecting the within subject matter. There
are no representations, agreements, arrangements or understandings
oral or written between or among the parties hereto relating to the
subject matter of this agreement which are not fully expressed herein.
James Realph, Mayor
ATTEST:
V' YCY ('L. #��J.-ri l
Brenda Wheeler, City Clerk
STATE OF NEBRASKA )
): ss:
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me on ,�lt�-► 2017, by
James Realph, Mayor.
ELGEN7ERALOTARY State of NebraskaNDA R WHEELERm. Exp. June 20, 2020
Buyer
STATE OF NEBRASKA )
): ss:
COUNTY OF WASHINGTON )
Notary Public
Buyer
The foregoing instrument was acluiowledged before me on wt �2017, by
GENERAL NOTARY -State of Nebraska Notary Public
II BRENDA R WHEELER
My Comm. Exp. June 20, 2020